Back to News & Commentary

Greenville County鈥檚 Perversion of Public Decency Laws

Hayley Horowitz,
Attorney,
老澳门开奖结果 Criminal Law Reform Project
Share This Page
August 16, 2012

Today the 老澳门开奖结果 and the 老澳门开奖结果 of South Carolina sent a letter to the Greenville County, South Carolina Sheriff鈥檚 Office and the State Solicitor鈥檚 Office demanding that the local police department stop violating the constitutional rights of innocent people under the guise of enforcing public decency laws. The letter is aimed specifically at ending Greenville County police officers鈥 practice of arresting women they suspect of being prostitutes and men who have sex with men, even though they haven鈥檛 broken any laws. These arrests violate the Constitution and need to be stopped.

In frequent sting operations, undercover officers approach people parked in their cars, sitting on their own porches or walking down the street and encourage them to engage in prostitution or public sex. Often, the people approached reject the solicitations to engage in illegal activity. Sometimes they decline the officers鈥 sexual advances altogether, at other times they say they鈥檒l 鈥渢hink about鈥 the offers, and in some circumstances they ask to go somewhere private to have consensual, noncommercial sex. But officers regularly arrest them anyway. Sometimes, officers don鈥檛 even bother trying to lure women into having sex, instead arresting them for being 鈥渒nown prostitutes鈥 in areas where prostitution frequently occurs. In several cases, a man or woman asked by an undercover male officer to have sex was arrested and charged with assault and battery after doing nothing more than placing a hand on the officer鈥檚 thigh.

The sting operations conducted by the Greenville County Sheriff鈥檚 Office are not only often unconstitutional, but involve the harassment and humiliation of people who engage in lawful, constitutionally protected behavior like walking along public roads or asking other adults to have noncommercial sex in private. What鈥檚 more, undercover sting operations鈥揺ven those that do not offend constitutional rights鈥揳re an expensive and ineffective way to deter street prostitution and public sex. Sting operations occupy many officers at a time, with some posing undercover, others conducting backup and surveillance, and still others transporting and processing arrestees and arranging for their cars to be towed and impounded. Processing and prosecuting each arrestee costs the public thousands of dollars. And yet this significant investment of resources does not even pay off in the form of increased public safety or reduced crime. Those arrested often cannot be successfully prosecuted because they were entrapped by the police or they never committed a crime.

Even when undercover sting operations do result in successful prosecutions, they at best lead to only temporary reductions or simply displacement of public sex and prostitution. That鈥檚 why the U.S. Department of Justice recommends more effective, less expensive short-term strategies to deterring and , such as posting warnings, increasing visible police presence and improving lighting, combined with long-term solutions to eliminate the causes and risks of illegal sexual activity, such as educating high-risk populations and helping prostitutes to quit. These tools can be more effective than decoy operations at meeting legitimate law enforcement goals, while demanding fewer law enforcement resources and avoiding violations of constitutional rights.

The Greenville County Sheriff鈥檚 Office should instruct its officers that they can arrest only when they have probable cause to believe that the state criminal code has been violated, and they must be trained to avoid practices that habitually violate the constitution. It is time to end the false arrests, the unnecessary hassling of people engaged in lawful conduct, and the waste of tax payer dollars.

Learn more about criminal law reform: Sign up for breaking news alerts, , and .

Learn More 老澳门开奖结果 the Issues on This Page